Some aspects of termination of the concession contract

Kambovski, Igor (2023) Some aspects of termination of the concession contract. In: International scientific conference ”Law and social values”, 21 Apr 2023, Faculty of Law, University of Niš, Serbia. (In Press)

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Abstract

Concession is a special legal institute with characteristics of public and private law. With this institute, the state, its bodies and institutions allows a certain subject, a
natural or legal person, to use or exploit certain public goods of general interest and importance for the state for the purpose of performing a specific activity. The process
of awarding concessions involves two different legal acts: the administrative act of the state concerning the establishment of the competent body of the concessionaire,
the subject matter of the concession and the selection of the concessionaire, and the concession agreement which regulates the rights and obligations of the contracting
parties: the state (competent authority) as the grantor, and the beneficiary of the concession (concessionaire). The exercise of the concession right is conditioned by the
signing of the concession agreement, which gives this contract a special meaning. In any contractual relationship, each contracting party may violate the obligations assumed
by the contract, either by non-performance or by improper execution, delay or some other action. The consequences of a breach of contractual obligations can be very different, including the right to compensation for damages, the right of the contracting party to unilaterally terminate the contract, and the activation of various special contractual or legal powers related to the breach of contract. The question arises about the rules according to which the contracting parties may be held liable for violating their obligations, i.e. whether some deviations from these rules or even the establishment of special liability rules are the specific features of the concession contract. According to Macedonian law, although the prevailing view in legal theory
is that the concession agreement is part of public (i.e. administrative) law, the resolution of disputes arising from these contracts is within the competence of the courts of
general jurisdiction in the procedure that is valid for the resolution of disputes arising from civil law contracts.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Igor Kambovski
Date Deposited:	07 Dec 2023 12:25
Last Modified:	07 Dec 2023 12:25
URI:	https://eprints.ugd.edu.mk/id/eprint/32811

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